Rule amendment to update ch. DOC 310, relating to complaint procedures, to update and clarify the rule to conform to current law, terminology, and prison population.

Objective of the proposed rule. The administrative rules relating to the inmate complaint procedures were last updated in 1998. With over 3 years of experience working with these rules, and given increased prison populations and an increased number of complaints filed, the department proposes to update the rule to clarify the existing rule and streamline the complaint procedures.

DOC 310 relates to the inmate complaint procedures in Wisconsin. It includes an overview of the inmate complaint review system, the scope of the system, the procedures necessary for inmates to file individual and group complaints, procedures for processing complaints at the institution level, procedures for the appropriate reviewing authority to issue its decision, review by the corrections complaint examiner, procedures for the secretary's decision, and implementation of affirmed complaints. The department plans to review and revise these existing rules to ensure that they conform with existing law, technology, terminology, prison populations and requirement of the inmate complaint systems operations. With over 3 years of experience with the rule, the department plans to revise the rule to clarify any ambiguities and the process to make the process more efficient and effective, thereby more adequately serving the needs of the inmates, the legislature, and society.

Sections 227.11 (2), 301.02 and 301.03 (2), Stats.

100 hours.

Regarding Chapter Ins 9, Wis. Adm. Code, relating to Defined Network Plans and Preferred Provider Plans.

Objective of the proposed rule. In accordance with the recently enacted 2001 Wis. Act 16, Chapter Ins 9 must be revised to incorporate terminology regarding defined network plans and revise requirements for preferred provider plans.

The purpose of the rule is to provide definitions and standards pertaining to defined network plans and modify requirements pertaining to preferred provider plans in accordance with legislative changes to Ch. 609, Wis. Stats. The policy of this rule is to carry out legislative requirements. There is no policy alternative available to the Office.

Sections. 601.41 and ch. 609, Wis. Stats.

250 hours.

Chapter NR 25, commercial fishing - outlying waters.

The proposed rule will change the minimum depth of commercial fishing for chubs in Lake Michigan during winter. Currently, commercial chub fishers may not set gill nets in water shallower than 60 fathoms (300 feet) from January 16 through February 28. The restriction minimizes the incidental catch and kill of lake trout. The proposed rule change will establish a shallower minimum depth for winter chub fishing, but extend the time it applies. Under the proposed rule commercial chub fishers would be limited to water deeper than 45 fathoms from January 16 through April 25. Department staff believe that this change will help commercial fishers by allowing them to fish closer to shore during winter, while also not increasing the total incidental kill of lake trout.

Sections 29.014 (1), 29.041, 29.519 (1) and 227.11 (2) (a), Stats.

52 hours.

Revision of ch. NR 149, Laboratory Certification and Registration.

The department is proposing amendments to ch. NR 149 Wis. Adm. Code, Laboratory Certification and Registration. We anticipate that revision of test category and fee structures, incorporation of changes made to the federal safe drinking water regulations, expansion of quality control and documentation requirements, and modifications to the procedures for obtaining and maintaining certification or registration will be considered.

Section s. 299.11, Stats.

1024 hours.

Modifications to s. NR 200.03 to clarify the definition of a large scale Private Onsite Wastewater Treatment System ("POWTS").

The Department of Commerce is currently preparing revisions to ch. Comm 83 pertaining to POWTS. Not all proposed changes are known at this time but the DNR may need to revise DNR rules to provide consistency with the anticipated Comm 83 modifications. It is currently known that a change is desirable for the definition of a “Large POWTS". Recent experience with large proposed POWTS has revealed that different, and unintended, interpretations of the current code language are possible. DNR and Commerce intent to work together to revise rules to provide improved clarification and consistency. POWTS that are defined as “large" will be subject to DNR discharge permits authorized under ch. 283, Stats. The proposed code changes will affect owners of large scale POWTS.

Sections 281.41, 283.31, and s. 283.37, Wis. Stats.

149 hours.

Sanitary sewer overflows and bypasses.

Sanitary sewer overflows can occur whenever there is a mechanical or electrical failure in the sewerage system, or when an excessive amount of infiltration and inflow of stormwater or groundwater enters the sanitary sewers. Significant overflow events have occurred in the past several years throughout the state due to large rainfall events. Existing rules related to this issue and in-plant diversions are located in different chapters and sections of the Wis. Adm. Code and are inconsistent and incomplete. Accordingly, this rulemaking will assure rules are in place to meet current requirements of state and federal law and regulations regarding discharges of sewage to state waters. Interested parties will include municipalities and the public who may be affected by these overflows and U.S. EPA.

Clean Water Act; 40 CFR 122; Chapters 281 and 283, Wis. Stats.